Madisonville City Zoning Code

The tree and landscaping requirements as stated in this article have been established for the purpose of providing visual buffering and screening to enhance the appearance of the community and compatibility between adjacent land uses. They have been designed to ensure that the city is seen as an attractive place to live and work; to conserve energy and natural resources contributing to air purification, groundwater recharge; retarding stormwater runoff; and aiding in noise, glare, and heat abatement. They also help to break the monotony of urbanized development on the land, contributing to the general health and welfare of the community.

(Code 2014, § 46-611; Ord. No. 629, § 01.20.001, 12-1-2006)

   (a)   The landscaping requirements of this article shall apply to all land located in the city and proposed for other than single-family or Downtown District (DT). Such landscaping requirements shall become applicable as to each individual lot at such time as an application for a building permit on such lot is made. All landscaping requirements under this chapter shall run with the land and their application shall apply to any owner or subsequent owner.

   (b)   Within this article, the term "single-family" means a single detached dwelling unit not to include duplex, townhouse, or condominium development.

   (c)   Each phase of a phased project shall comply with the requirements of this article. The portion left for subsequent phases shall remain of developable size and quality. No certificate of occupancy for the current phase or no building permit shall be issued for a subsequent phase of a project until all requirements of this article have been met. In order to issue a certificate of occupancy on a project in which landscaping improvements are required, the developer may either install the landscaping to the approval of the city or submit a letter of credit. In addition to the letter of credit, the owner shall provide a letter granting the city the right to install the required landscaping.

   (d)   When the requirements of this article conflict with requirements of other provisions of this chapter, this article shall prevail; provided, however, that the provisions of this chapter shall be subordinate to regulations pertaining to traffic and pedestrian safety.

(Code 2014, § 46-612; Ord. No. 629, § 01.20.002, 12-1-2006)

A landscape plan is required, and shall contain the landscaping information listed below:

      (1)   The location, quantity, size, common name, and scientific name of proposed landscaping in proposed landscaped areas;

      (2)   The location, quantity, size, common name, and scientific name of existing trees;

      (3)   The location of the proposed irrigation system or hose connections; and

      (4)   Information necessary for verifying whether the minimum required landscaping requirements have been met.

(Code 2014, § 46-613; Ord. No. 629, § 01.20.003, 12-1-2006)

   (a)   Building site area.

      (1)   An area equal to eight percent of the developed area (building site) shall be required to be landscaped. In the corridor overlays, an area equal to 12 percent of the developed area (building site) shall be landscaped. A lot shall not exceed a total of 90 percent impervious lot coverage. The developed area shall include the main structure, any accessory structure, parking lots, equipment lots, and outside storage areas. Landscaping shall be located to the front and sides of the parcel in those portions of the developed area facing public rights-of-way. Where screening is required along a public street, landscaping shall be placed between the screening and the street. The combination of trees, shrubs, and groundcover shall be used in fulfilling the landscaping requirements. Where open storage of materials, commodities, or equipment permitted in the GI and HI Industrial Districts encompass one acre or more, not including any structures, the area to be landscaped shall be reduced to five percent of the developed area. Landscaping shall be placed to the exterior of the screening fence, or be an integral part of the screening fence, and to the front and sides of the parcel in those portions of the developed area facing public rights-of way. The combination of trees, shrubs, and groundcover shall be used in fulfilling the landscaping requirements.

      (2)   Not less than 50 percent of the area to be landscaped shall be planted in trees.

      (3)   Not less than 50 percent of the trees planted in the area to be landscaped shall be canopy trees. Canopy trees shall include those species whose mature crown height is 30 feet or more in height. Noncanopy trees shall include those species whose mature crown height is at least 15 feet in height.

   (b)   Trees.

      (1)   Trees to be planted shall be six feet or more in height and measure a minimum of 1½ inches in caliper when measured 12 inches from the base of the trunk or top of the ball. If smaller caliper trees are desired, 15 square foot points shall be granted for each. This requirement also applies to all future building additions.

      (2)   Existing trees used for landscape credit must have a minimum trunk diameter of 4½ inches or larger and be in a healthy physical state. Should existing trees used for landscape credit die, they shall be replaced with new trees according to the requirements of section 46-617(b)(3) of this section. Existing trees with a trunk diameter less than 4½ inches may be given the same landscape credit as that given newly planted trees with similar characteristics.

      (3)   Square feet of coverage shall be granted in the following amounts for container trees. If non-container trees are to be used, subtract 50 points.

         a.   Existing canopy trees protected during construction: 225 square feet.

         b.   Newly planted canopy trees, 1½ inches to three inches: 200 square feet.

         c.   Newly planted canopy trees, greater than three inches: 350 square feet.

         d.   Existing non-canopy trees protected during construction: 100 square feet.

         e.   Newly planted non-canopy trees, 1½ inches to three inches: 150 square feet.

         f.   Newly planted non-canopy trees, greater than three inches: 225 square feet.

   (c)   Shrubs and planting beds.

      (1)   Less than two gallons: Five square feet.

      (2)   Two gallons: Up to 15 gallons, ten square feet.

      (3)   Fifteen gallons and larger: 15 square feet.

      (4)   Planting beds used and maintained for the purpose of rotating live decorative planting materials shall be granted a credit of one square foot for each square foot of bedding area.

   (d)   Grasses and groundcovers. Complete coverage by grass, live groundcover, and/or non-vegetative groundcover approved by the city is required in those areas not covered by trees or shrubs. Ten square feet will be granted for every 100 square feet of grass or live groundcover. This amount shall not exceed 15 percent of the overall landscaping required.

   (e)   Parking areas.

      (1)   Trees are required for every parking lot end island regardless of the number of trees required by subsection (a)(1) of this section. Other appropriate landscape materials may replace trees in some parking islands. Substituted trees must be planted elsewhere on-site. Trees to be planted shall be a minimum of two inches in caliper when measured 12 inches from the base of the trunk or top of the ball.

      (2)   The remainder of all parking lot islands shall be fully landscaped with shrubs, grass, live groundcovers, and/or non-vegetative groundcover approved by the city. When grass is used, 100 percent live grass groundcover and/or live groundcover is required, whether by solid sod overlay or pre-planting and successful takeover of grass and/or planting of live groundcover. Any shrubs used shall constitute partial fulfillment of the requirements of subsection (a)(1) of this section.

   (f)   Screening. A decorative wall or landscaped earth berm at least two feet in height or dense shrubbery having year-round foliage at least three feet in height is required as a visual buffer along street frontages in the following circumstances:

      (1)   Where outdoor parking areas are located within 30 feet of any street right-of-way, except for driveway openings providing access from the street to the parking area;

      (2)   Where fuel pumps are located in any parking area, driveway, or maneuvering area between the principal building and any street; and

      (3)   Where a vehicle drive-up window faces a street.

   (g)   Freestanding on-premises signs.

      (1)   Landscaping shall be provided for an area extending a minimum four linear feet in all directions from the support of all freestanding on-premises signage. In the event that the signage has more than one support, the landscaped area shall be extended between the supports at a width of not less than four feet. This landscaping shall constitute partial fulfillment of the requirements of subsection (a)(1) of this section.

      (2)   The landscaped area shall be composed of a minimum of 50 percent shrubs. The remainder of the landscaped area shall have 100 percent live grass groundcover and/or live groundcover whether by solid sod overlay or pre-planting and successful takeover of grass and/or planting of live groundcover.

   (h)   General use and conformance recommendations of landscaped areas.

      (1)   Trees recommended for use are identified on the tree species list provided in section 46-618 and may be used to meet these requirements. Other species may be used upon review and approval of a landscape plan. Native species that conserve water and have reduced maintenance requirements are suggested for use in landscaping plans.

      (2)   All required landscaping shall be irrigated by either an underground sprinkler system, or hose attachment within 150 feet of all landscaping.

      (3)   All landscaping shall comply with the sight distance requirements of section 46-738.

      (4)   Parking of vehicles shall not be allowed on approved landscaped areas or on landscaped areas for projects which were built prior to the adoption of the ordinance from which this chapter is derived. Parking of vehicles on landscaped areas shall be considered a violation of this chapter, subject to the general penalty provisions of this chapter.

      (5)   Artificial plant materials are prohibited.

      (6)   Landscaping plans utilizing special or unusual arrangements of plants and other landscaping materials as part of an overall site design shall prepare an alternative landscape plan including reasons supporting the need for an alternative plan.

      (7)   Non-vegetative groundcovers permitted by this chapter may include, but are not limited to, washed gravel, bark mulches, lava rock, sand, rock, or other decorative covers used in landscaping.

      (8)   Credit may be given for landscaping placed in the public right-of-way only with the approval of the city and, in the case of a right-of-way controlled by the state, the approval of the state department of transportation. Landscaping placed in the public right-of-way shall conform to the provisions of section 46-738 regarding sight distance and not create a safety hazard.

      (9)   Variations to the requirements of this chapter may be approved if the landscape plan is sealed by a registered landscape architect. Such plans must show reasonable evidence that the requirements as set forth in this chapter were used as a guide.

(Code 2014, § 46-614; Ord. No. 629, § 01.20.004, 12-1-2006)

Any development existing, occupied, and in use at the time of passage of the ordinance from which this chapter is derived may continue to be so until such time the site undergoes a change of use, change of ownership, change of tenant, voluntary improvement, substantial reconstruction, conversion, structural alteration, relocation, or enlargement. At that time, an area equal to eight percent of the developed area (building site) shall be required to be landscaped. All square foot points shall follow section 46-614.

(Code 2014, § 46-615; Ord. No. 629, § 01.20.005, 12-1-2006)

No trees other than those species listed as a non-canopy tree on the approved tree list may be planted under or within ten lateral feet of an overhead utility wire, or over or within five lateral feet of any public underground water line, sewer line, or other utility.

(Code 2014, § 46-616; Ord. No. 629, § 01.20.006, 12-1-2006)

   (a)   The city manager, and/or his designee, shall review all landscaping for compliance with this chapter and approve the landscape plan. Landscaping shall be completed in compliance with the plan before a certificate of occupancy is issued. In the event placement of landscaping materials is not practicable at the time the certificate of occupancy is requested, a placement schedule will be submitted for approval prior to issuance of the certificate of occupancy. Failure to meet the placement schedule and place the required landscaping materials as shown on the approved landscape plan shall constitute a violation of this section subject to the general penalty found in article XXXIII of this chapter.

   (b)   Replacement of dead landscaping must occur within 90 days of notification. Replacement material must be of similar character as the dead landscaping. Failure to replace dead landscaping, as required by the city manager or his designee, shall constitute a violation of this chapter subject to the general penalty provided in article XXXIII of this chapter.

(Code 2014, § 46-617; Ord. No. 629, § 01.20.007, 12-1-2006)

 

(Code 2014, § 46-618; Ord. No. 629, § 01.20.008, 12-1-2006)